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· 6/10/1987

Jose Alfredo Colindres-Aguilar v. Immigration and Naturalization Service

Citations

  • 819 F.2d 259
  • 1987 U.S. App. LEXIS 7418

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a violation of an alien’s right to counsel prejudiced him because counsel “could have better marshalled specific facts in presenting petitioner’s case for asylum and withholding of deportation”
  • holding that when the record indicates a petitioner’s desire for counsel, the IJ cannot assume that his silence implies a waiver of his right to repre- sentation
  • holding that a violation of an alien’s right to counsel prejudiced him because counsel “could have better marshalled specific facts in presenting petitioner’s case for asylum and withholding of deportation”
  • recognizing due process claims in a deportation proceeding are reviewed de novo by courts of appeals
  • recognizing due pro- cess claims arising out of a deportation hearing are reviewed de novo
  • finding prejudice not harmless where counsel could have better marshaled facts in asylum case and sought voluntary departure

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Boocheyer, Hall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.